Rajaram v. State Of Madhya Pradesh, 2022 SCeJ 1352
2022 SCeJ 1352 Supreme Court of India Present: Justice Ravindra Bhat, Justice Sudhanshu Dhulia RAJARAM – Appellant, Versus STATE OF ...
Tag: Evidence
Multiple dying declarations that may contain inconsistent facts
Court considered and indicated the approach which may be adopted, where the evidence includes multiple dying declarations, that may contain ...
Multiple dying declarations
“30. A survey of the decisions would show that the principles can be culled out as follows:a. Conviction of a ...
Evidence – Issues – Pleadings – It is, not permissible for the court to allow the party to lead evidence which is not in the line of the pleadings.
Evidence - Issues - Pleadings - It is, not permissible for the court to allow the party to lead evidence ...
Issues – Framing of – It is the issues fixed and not the pleadings that guide the parties in the matter of adducing evidence.
Issues - Framing of - The object of framing issues is to ascertain/shorten the area of dispute and pinpoint the ...
CPC O. 14 R. 1 – Issues fixed and not the pleadings that guide the parties in the matter of adducing evidence.
CPC, 1908 O. 14 R. 1 - It is neither desirable nor required for the court to frame an issue ...
Evidence – While suggestions put in the cross-examination cannot be used to fill in the lacuna in the evidence of the prosecution, the suggestions given by the defense, however, can be used to lend assurance to the prosecution case
While suggestions put in the cross-examination cannot be used to fill in the lacuna in the evidence of the prosecution, ...
Evidence is weighed, not counted.
Evidence is weighed, not counted, State of H.P. v. Raghubir Singh, (1993) 2 SCC 622
Evidence – Witness – Suit filed through attorney holder- Can plaintiff later on step into the witness box to depose?
Evidence – Witness – Suit filed through attorney holder- Submission that plaintiff could not later on step into the witness ...
CPC O. 6 R. 17 – The admission, as such, which was made regarding the relationship was, thus, sought to be withdrawn by way of proposed amendment and a totally new and inconsistent case is sought to be set up and would cause serious prejudice to the plaintiffs and alter the character of action – Not permissible
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – In the written statement filed, it was admitted ...
Evidence – Additional evidence – Certified copies of Jamabandies can be tendered being per se admissible – Qua notarized photocopy of sale deed – Merely because a document has been exhibited does not mean that it is admissible in evidence unless it is shown otherwise. 2022 PLRonline 7454
Suit for Permanent Injunction – Additional evidence – Documents proposed to be tendered in evidence include certified copies of Jamabandies ...
Evidence – Documents maintained in the regular course of business – Proof of
Evidence - Documents maintained in the regular course of business - It is not necessary for the witness to be ...
CPC O. 18 – Evidence – Multiple Defendants – Who will lead evidence first.
CPC O. 18 - So far as the defendants go, the question which of the defendants should begin has not ...
CPC O. 18 R. 17 – is merely an enabling provision for the convenience of the Court and the same cannot be utilized by the parties to re-examine any witness in order to fill lacuna in the case.
Provision in terms of Order 18 Rule 17 is merely an enabling provision for the convenience of the Court and ...
CPC O. 18 R. 17 – Recalling of the witness for further elaboration on the left out issues is wholly impermissible in law.
CPC O. 18 R. 17 - Recalling of the witness for further elaboration on the left out issues is wholly ...
